Madras High Court
Mr.A.Narayanan vs M/S.Pandian Stores on 15 July, 2021
C.S.No.775 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.775 of 2006
and
A.Nos.4242 & 4243 of 2006
Mr.A.Narayanan,
1127, Periyar Nagar,
Third Street, Red Hills,
Chennai – 600 052. ...Plaintiff
Vs.
1.
M/s.Pandian Stores
73-B&C, New Military Road,
Avadi, Chennai – 54.
Rep. By its Partners,
P T Balaji & R Parkunam
2.P.T.Balaji
Srikrishna Modern Rice Mills,
Palli Kuppam, Red Hills,
Chennai – 600 052.
3.R.Parkunam,
M/s.Pandian Stores,
73-B&C, New Military Road,
Avadi, Chennai – 54.
4.Sri Krishna Modern Rice Mill
rep. By Govindasamy Naidu & Balu Naidu,
Palli Kuppam, Red Hills,
Chennai – 600 052.
https://www.mhc.tn.gov.in/judis/
C.S.No.775 of 2006
5.Balaji Traders
No.9, Anna Pillai Street,
Chennai – 600 001. ...Defendants
Prayer: Plaint filed under Order VII Rule 1 of C.P.C., and Order IV Rule 1
of the Original Side rules r/w. Sections. 27, 28, 29, 134 & 135 of Trade
Marks Act, 1999, praying as follows:-
a) a permanent injunction restraining the defendants, their men,
agents, servants, distributors, stockists, franchisees, successors in interest,
representatives or anybody claiming through them from manufacturing,
hulling, stocking, marketing, advertising in any form and infringing the
plaintiff's registered Trade Marks “KUTHUVILAKKU” by use of the Trade
Marks “PTB KUTHUVILAKKU”or any mark deceptively similar to
plaintiff's registered Trade Marks or in any other manner whatsoever;
b) a permanent injunction restraining the defendants, their men,
agents, servants, distributors, stockists, franchisees, successors in interest,
representatives or anybody claiming through them from in any manner
marketing, hulling, stocking, marketing and advertising in any form and
passing off and enabling others to pass off the defendants' aforesaid
products as and for the plaintiff's aforesaid products by use of the trade
marks “PTB KUTHUVILAKKU” or any mark deceptively similar to
plaintiff's trade marks “KUTHUVILAKKU” or in any other manner
whatsoever;
c) a permanent injunction restraining the defendants, their men,
agents, servants, distributors, stockists, franchisees, successors in interest,
https://www.mhc.tn.gov.in/judis/
C.S.No.775 of 2006
representatives or anybody claiming through them from manufacturing,
hulling, stocking, marketing, advertising in any form and infring the
plaintiff's copy right contained in the artistic work of the registered Trade
Marks “KUTHUVILAKKU” by use of the artistic works associated with the
Trade Marks “PTB KUTHUVILAKKU” or any artistic work and copy right
deceptively similar to plaintiff's artistic work and copy right or in any other
manner whatsoever;
d) a permanent injunction restraining the defendants, their men,
agents, servants, distributors, stockists, franchisees, successors in interest,
representatives or anybody claiming through them from in any manner
marketing, hulling, stocking, marketing and advertising in any form and
passing off and enabling others to pass off the defendants' aforesaid
products as and for the plaintiff's aforesaid products by use of the trade
marks “PTB DEEPAM” or any mark deceptively similar to plaintiff's trade
marks “DEEPAM” or in any other manner whatsoever;
e) a permanent injunction restraining the defendants, their men,
agents, servants, distributors, stockists, franchisees, successors in interest,
representatives or anybody claiming through them from manufacturing,
hulling, stocking, marketing, advertising in any form and infringing the
plaintiff's copy right contained in the artistic work of the Trade Marks
“DEEPAM” by use of the artistic works associated with Trade Marks “PTB
DEEPAM” or any artistic work and copy right deceptively similar to
plaintiff's artistic work and copy right or in any other manner whatsoever;
f) to appoint an Advocate Commissioner to visit the factory /
https://www.mhc.tn.gov.in/judis/
C.S.No.775 of 2006
premises / shops / mill / dealers, of the defendants or wherever necessary in
order to seize and take into custody the various infringing bags, invoices,
records and all other relevant documents connected with the sale of rice
under the trade marks PTB DEEPAM AND PTB KUTHUVILAKKU or any
deceptive variation thereof like DEEPAM AND KUTHUVILAKKU and to
submit their report to this Hon'ble Court;
g) for a declaration directing the defendants to surrender to the
plaintiff for destruction of all bags, labels, dyes, blocks, plates, moulds,
screen prints, packing materials, visiting cards, letter heads, printer bills,
cartons, sachets and other materials bearing the infringing “PTB DEEPAM /
PTB KUTHUVILAKKU” marks or any marks deceptively similar to
plaintiff's trade mark and artistic work “DEEPAM and KUTHUVILAKKU”
LABEL;
h) direction to the defendants to submit particulars of sales
effected by them under the trade mark PTB DEEPAM AND PTB
KUTHUVILAKKU; and to render accounts in respect of the unlawful gain
made by them in the above manner;
i) for costs of the suit; and
j) pass such further or other relief/s as this Hon'ble Court may
deem fit and proper in the circumstances of the case and thus render justice.
For Plaintiff : Mr.Madhuvaneswaran
for Mr.S.Balachandran
For Defendants : No Appearance
https://www.mhc.tn.gov.in/judis/
C.S.No.775 of 2006
JUDGMENT
Mr.Madhuvaneswaran representing Mr.S.Balachandran, learned
counsel for the plaintiff would submit that they have got instructions to
withdraw the suit.
2.Recording the said statement, this suit is dismissed as
withdrawn. No costs. Consequently, connected applications are closed.
15.07.2021
kkn
Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendants:
Nil
15.07.2021
kkn
https://www.mhc.tn.gov.in/judis/
C.S.No.775 of 2006
R.SUBRAMANIAN, J.
KKN
C.S.No.775 of 2006
and A.Nos.4242 & 4243 of 2006
15.07.2021
https://www.mhc.tn.gov.in/judis/
